because probably they will be building more in family units, where people need multiple bedrooms. the other point that was made -- i remember this, and i understand the reason, being construction costs are greater as you get higher, but the fact that buildings over 120 feet in the past got a different inclusionary number, 12% as opposed to 15% -- it always struck me as curious, in some regards. this might help to remedy, if not speak directly to, that. it was interesting that was pointed out. this is interesting legislation. it will help us stimulate a segment of the housing industry that has been dormant. i am in support. commissioner hillis: can i just ask a question?

sorry. planning commission staff, planning department's staff -- has there been any analysis of this notion that five to nine unit buildings would be constructed throughout the city? what are the we looked at these kind of sites, they are spread out throughout the city. i would not say it is a specific area. some in the northeast side, some in the southeast side and spread out throughout the rest of the city. it is hard to say. we looked vacant lots. >> because of the size, outside of rh and rh2 sites, it is

spread out outside of those districts. >> in the analysis in 2006, i would imagine if we did it again, it would come to a much different conclusion in today's economy. it is not feasible. has that been re-looked at at all -- at all? >> there is a study done about the feasibility of inclusion rehousing. >> mayor's office of housing. we're undertaking a study of our inclusion rehousing program, we do that every five years so we're slightly behind for the 2006 study and we're looking at four prototypes and looking at the finances, given recent conditions. it is not just a snapshot in time. this is a dynamic point in the development community. the inclusion trade task that we

are coordinating -- the inclusion married task -- inclusionary task we are coordinating, we are looking at a product type that is smaller at 20 units. there are a couple of things that work. one is the difficult economy across the board for buildings but given the economies of scale at the low end, it is acute for this. >> i would cautious on -- caution on that type of analysis. he will have massive changes in what is feasible and what is not feasible. looking back and seeing what has been built is a good barometer. the fact that one or nine we have heard have been built, granted the economy has been bad. is that related to the economy or this inclusion increase? it is tough to isolate.

but i agree with many of the comments, these housing developments are not created equal. there is economies of scale in larger projects. we get large projects in south of market. we do not get a lot of the 5 to 9 units. it's great to encourage that type of development and i am supportive of this legislation. >> commissioner su. -- wu. commissioner wu: i am generally supportive but i want ask some questions. in the letter there was reference to -- prior to 2006 the perception that developers would be incentivized to build nine-unit buildings instead of hitting the 10 mark and could you elaborate on that?

>> it is a great question. the planning code stipulates that buildings can be considered a single project for purposes of the inclusion requirement. and when projects come in for their entitlement, when proposed lot substitutions -- subdivisions are made, there is a regulatory oversight mechanism that insurers the planning department can interpret that agglomeration of individual parcels as a single project and apply the inclusion requirement to it. i cannot speak with great detail to the mechanisms that moves through time. both from neighborhood advocacy and planning department, we understand the concern about avoiding inclusion very requirement through lot

subdivision has been dealt with. >> i wanted to -- we have special restrictions. if future development happens, we consider it a phase project. that is the specific mechanism that he was alluding to. commissioner wu: i want to understand why this element was put into legislation. why the five to nine is going through this legislative process insert -- instead of being in the charter amendment. which i want to be careful about not asking about the wrong title. >> i want to be careful in answering. this was seen as not appropriate to be dealt with through a charter amendment. the charter is challenging to adjust or make changes to.

it was a component that was introduced through legislation and can be best addressed through legislation. commissioner moore: i am generally supportive of what is in front of us. i have one question and that is to the mayor's office of housing. does the housing trust fund also have a set aside for small site acquisitions? >> the housing trust fund in and of itself does not. the inclusion dairy program -- inclusionary program, a 10% of the fees collected through the program are set aside for small site acquisition. we're in the process of researching how to implement that and it is the intent of the mayor's office of housing to create a small size program in

by the inclusion very fees collected by the office or the housing trust fund. >> i am encouraged by your answer. i hope you will also look at the site size in order to generate the most for the buck. this is too small to generate the maximum number of units not just by zoning but by dimension and existing rules. i hope that you will find not only the idealized prototype of housing but also make sure the size -- side is conducive for getting the most for the lease. >> we're looking at both those issues in development on vacant parcels but also looking at acquiring existing parcels. existing buildings where we can maintain the level of affordability within the neighborhood context which is again something different than what we have done with our

developments outside on large parcels. that is something we're looking at. we think the feasibility of doing small sites acquisition of existing buildings is of higher feasibility and building small sites. we're going to look at both new construction as well as acquisition rehab as part of the small sites program. commissioner moore: i am glad you are saying that. thank you. commissioner antonini: thank you. i had the same question about the process, a little bit about the charter amendment and this is being a legislative peace in my assumption was since it was a modification of existing legislation as opposed to de novo creation of the amendment, it takes into consideration existing entities in policy is pretty much a new piece of legislation so that is probably

why this is in this format. i am supportive regardless. i would make a motion to approve. >> second. commissioner wu: i wanted to add another element to the conversation. concerns that supervisor campos the office brought up. i assume that the mayor's office of housing is willing to continue the conversation with their office and will work on studying what that means. >> i appreciate the opportunity to mention this. we have two co-sponsors. supervisor kim and president to have -- chiu are interested. commissioner moore: this is a graduated scale of fees and it

would apply between five and nine of -- between one and nine. i heard between five and nine. i would be interested in hearing a discussion of the pros and cons. >> the motion on the floor is for approval of what is before you buy an item 14. on that motion, commissioner antonini, aye, commissioner hillis, aye, commissioner moore, aye, commissioner sugaya, aye, commissioner wu, aye. the motion passed unanimously. commissioners, as has been stated, we're pulling items 16 out of order. this is case 201for 25 mission street.

-- tfor 25 mission street. >> good afternoon. diego sanchez, planning department staff. establishing a medical cannabis dispensaries at 2525 mission street. it will be located on an existing 4 story mixed use building and independent of the other uses. it will be 550 square feet in size. they will sell medical cannabis and medical cannabis food stuffs and is proposing a delivery service. it will not provide on-site smoking or vaporizing and will not grow minor amounts of medical cannabis on site.

the operators of the collective will focus on providing medical cannabis to patients with illness and has made strong linkages to the lgbt community and plans to be integrated into the social service network for that committee. -- community. this is a proposed map of the existing mcd's in the area. as you can see here, this is the proposed site. and the dots in black are mcd's that allow delivery service. there are four medical cannabis

dispensaries with and this one- mile radius that do -- allow retail foot traffic. love shack apothecary, and the bernal heights collective. the planning department staff has received multiple telephone calls regarding the project. those in opposition are concerned about the incompatibility of the mcd with the area and the possibility that it will aggravate criminal activity and antisocial activity. i have received multiple letters in support of the project and i will submit these to you. those in favor said the intention of the mcd to serve

the lgbt community and those with chronic illnesses such as hiv/aids. staff recommendation is based on the following. the mcd complies with all the standards and requirements of the planning code including all proximity limitations in advance of the objectives and policies -- >> excuse me. you can take pictures, do not use a flash. thank you. >> the mcd complies with the policies of the general plan. it will generate between 15 and 20 poll time and -- fell -- full time and part time jobs. the sponsor will agree to the following conditions. daily sweeping and pick up of litter disposal along the main entrance of the proposed mcd and abutting sidewalks and provision

of appropriate odor control to allow -- to prevent nachos odors from escaping. that concludes our presentation and i am available for questions. " president fonpresident fong: t sponsor. >> congratulations to commissioner hillard for his appointment and commissioner antonini for his reappointment. staff's recommendation is to not take discretionary review. briefly as has been stated, the location for the proposed mcd meets the requirements in section 790.1941. staff has responded to some concerns. i wanted to highlight in the ledger that was provided to you additional information.

the nearest open mcd's are miles away. they're within a one-mile radius but there are outside -- they are outside of the mission district. this would be the only open in the mission district and the nearest ones are closer to the bernal heights and to the castro and while there are some within a one-mile zone, their outside of the mission district. substantively, the broader collective will be focusing on providing medical cannabis treatment to patients with illnesses such as hiv and aids, cancer, and other life- threatening illnesses. the collective is setting a truly inclusive community model by working with multiple, highly respected, anchor

organizations that are based in the community and are run by members. these are true partners. among the organizations are a guilas, support to persons living with hiv. they have been around a little over 18 years providing these services and we have shockey -- shanti, serving patients to suffer with harshened debilitating effects of aids, breast cancer, and other life- threatening illnesses that will require medical marijuana treatment. we also have as a partner the lgbt community center which opened in 2002 and it serves the full spectrum of the lesbian, gay, bisexual, and transgendered communities. and it plays an important role

as a spiritual home for the lgbt culture. the rudder collective has structured its opportunities to provide financial sponsorship and support to the above community-based organizations with the objective of increasing the number of organizations and will support over time and in the last couple of days, we're pleased to also report that we're bringing also on board the breast cancer emergency fund as a community partner. most unique and important to this project is our collective and partners, the partners will help with the outreach and it will help to provide oversight of the operation of the project to insure we provide the best and most inclusive and comprehensive service to the community. with that, i ask you to please support and adopt staff

recommendation and approve the project without taking d.r.. thank you. >> calling for public comment. a will call you names and if you want to line up. i will call bunch of names if you want to line up, other speakers on that side of the room, that will be great. [reading names] >> i was walking down mission

street 10 days ago and i walked by aside under active construction and i looked at it and said it will be a marijuana dispensaries. i wrote a letter which i do not know if it got to you folks are not. we've lived in the mission district more than 30 years. we have been pleased to see a transforming from an area most of the people i worked with thought was not safe. it is n area where residents and visitors are moving around with a sense of increased security. we work with the mission police department. and has been and is still a strongly family oriented area. it also has been and is still an area afflicted with drug trafficking and abuse and other crimes associated with drugs.

marijuana i have heard described as a gateway drug. i think a marijuana dispensaries on mission street would be another gateway -- and dispensary -- dispensary on mission street would be another gateway. it would send precisely the wrong message about the committee's effort to get rid of drugs. we do not need nor do we want a place where drug users congregate and use the project. it will not be smoked there but there is air handling equipment which makes me think something will be going on in there. we spent too many years stepping over and cleaning up after drug abusers. i had to clean out my flower bed yesterday morning. it does not happen as much as these to but i do not want it to increase.

based upon what we have read and heard anecdotally, acquiring a medical marijuana card basically can be as easy as being able to walk upright and pay the fee. my personal experience with family members that are unscrupulous card users, they become accomplices to people who do not have cards, they become accomplices in the illegal drug trade. a dispensary does not reduce problems. i saw this circle, this pie chart on the board and i wondered how many other areas have that many black dots in their neighborhoods. i also suspected if it is approved, the u.s. attorney's office will issue their standard letter and it will get close down. finally, the approval criteria, the six criteria skate around the issue of criminality. also, although there may not be

any alcohol attached to the premises, if you walked 30 feet, you will find drink. listen to the neighbors -- if you walk 30 fateet, you will fid a drink. listen to the neighbors. thank you. >> thank you for this attorney -- opportunity to drink. -- to speak. i am speaking about the open house project in just a minute. we're here to encourage your support of the marauder collective. we are not a structural part of the organization but we are a partner of theirs. we support them as we see a long-term history of the use of medical marijuana that the correct use of medicare -- medical mumarijuana to treat

many illnesses that our community faces. we see it as a competent location and we appreciate the effort to create an infirm and that is inclusive and has strong connections with other agencies. we appreciate their efforts to structure the center for other community-based organizations that work on health and wellness programs in the community. i will pass on to another speaker who will talk about what the support will help fund. >> thank you. i am the community programs manager at the asset center and i oversee the health and wellness program at the center. i wanted to speak about the importance of the funding this brings to the center. since the economic downturn, there have been many cuts to hiv

funding and the services to support the health and wellness of the lgbt community. it is vital that there be outside funding that comes in from organizations and the fact that an organization is stepping up to fill that gap through private means, that is important to us. we see in many -- many of our community members suffering from illnesses such as hiv, cancer- related illnesses, and many other health problems that come along with being in a class of individuals that has been marginalized for so many years. we think is important to our community we have sustainable income that comes through outside means and this would provide quite a bit of support for the services that have been cut due to funding cuts through the government. we see so many people who are being affected not just through health problems but also socially and economically because of the economic downturn, and we really support the support of community

members of businesses and -- that stepup. we urge you to support this measure. thank you. >> i am the executive director of aguilas, and a distinguished professor at the school of [unintelligible] i strongly support the approval of the certification. this provides us with a unique opportunity to create a healing center. there are a lot of people who are in chronic illnesses, have wasting diseases, that have difficulty being able to keep their weight, difficulty being able to manage their chronic diseases. what we wanted to do was partner together with key people like shanti and lgbt center and our organization to build together

and case management system. with his partner in, with this collective so that we can actually manage this properly. i think the federal government in the last 15 or 20 years has provided sufficient evidence that medical marijuana does provide some beneficiary -- benefit to people who use it and use it properly. we see our role as helping this move along along those lines. i want to support this and seek your support in endorsing it. we will also benefit from this as a nonprofit in a time where dwindling economy and that is seriously affecting our services. thank you. >> good afternoon. i am the volunteer program coordinator for aguilas, we

provide services and to welcome everyone. funding has been difficult for the last couple of years. citywide, statewide, and at the federal level. it has been difficult for us to maintain our current services. we're partnering with businesses and that will help establish services to continue. it will also provide an alternative for our members, forced to refer to and especially for those who are hiv-positive. many members suffer from side effects of the medication so this will be enough for them to try something new. this location we feel that it is centrally located for our clients. it is reachable by bus and people can walk to it. a lot of our clients are based around a unique area.